Supreme Court of India, History, Jugdes, Functions, Powers

Supreme Court of India

The Supreme Court of India being the highest judicial body in the country. It functions as the highest court of law in the country for interpreting and upholding the Indian Constitution. The court is presided over by the Chief Justice of India and is made up of judges that the President of India appoints. It has the authority to provide citizens with legal remedies and to hear and decide appeals from subordinate courts. The Indian people’s rights and judicial system are crucially protected by the Supreme Court. The present number of judges in Supreme Court of India was raised by the Parliament, nonetheless. There is now one Chief Justice of India (CJI) among the 34 judges. This topic plays a significant role in UPSC Syllabus of Polity and Governance check the details on Supreme Court of India below in this article

Supreme Court of India History

The Supreme Court of Calcutta was established as a Court of Record with full jurisdiction and authority with the enactment of the Regulating Act of 1773. In Bengal, Bihar, and Orissa, it was formed to entertain, hear, and decide on all criminal accusations as well as all cases and proceedings. In 1800 and 1823, respectively, King George III founded the Supreme Courts of Madras and Bombay. The India High Courts Act of 1861 abolished the Supreme Courts in Calcutta, Madras, and Bombay as well as the Sadar Adalats in Presidency towns and formed High Courts in various provinces.

These High Tribunals held the distinction of being the highest tribunals in all cases prior to the 1935 Government of India Act, which created the Supreme Court of India. The High Court tasked the Supreme Court with processing appeals from its judgments and with settling conflicts between the federal states and the provinces. The Indian Constitution was ratified on January 26, 1950, following India’s declaration of independence in 1947. In addition, on January 28, 1950, the Supreme Court of India was established and had its inaugural hearing.

 Important Articles of Indian Constitution

Supreme Court of India Constitutional Provisions

• The Indian Constitution’s Chapter 6 and Part V (The Union) permit the Supreme Court to make a provision (The Union Judiciary). Its Articles 124 to 147 cover the structure, impartiality, authority, functions, and procedures of the Supreme Court.
• According to Article 124(1) of the Indian Constitution, the Supreme Court of India must be composed of the Chief Justice of India (CJI) and no more than seven additional judges, unless Parliament specifies a higher number by law.
• Original jurisdiction, appellate jurisdiction, and advisory jurisdiction are the three subcategories of the Supreme Court of India’s jurisdiction. It also possesses a range of abilities.
• All courts with jurisdiction in India must abide by the Supreme Court’s ruling.
• It has the power of judicial review, which entitles it to invalidate legislative and executive actions that contravene the Constitution’s provisions and framework, the Union’s and the States’ power relations, or the fundamental rights it protects.

High Court of India

Supreme Court of India Functions

• It hears appeals from decisions made by the High Courts and other tribunals and courts.
• It resolves conflicts between different governmental entities, between state governments, and between the federal government and any state government.
• As part of its advising duty, it also hears cases that the President sends to it.
• The SC may also take on matters on its own (on its own).
• The Supreme Court has declared a law that is binding on all Indian courts, the Union government, and state governments.

Martial Law

Supreme Court of India Jurisdiction & Powers

Original Jurisdiction

Regarding original jurisdiction, see Article 131. Disputes between the Union and the states, the Government of India and the Government of States, or between two or more states may be included in the solely federal activities. Since the Supreme Court is the only court with original jurisdiction over these claims, no other court may hear them. It is not acceptable for a private person to file a lawsuit against the government.

Read about: Supreme Court Vacation

Writ Jurisdiction

Under Article 32, a person may request the Supreme Court to issue writs in the event that their fundamental rights have been violated. However, this only applies if a person’s fundamental rights are violated.

Appellate Jurisdiction

The Supreme Court is an appeals court. The Supreme Court will hear appeals from people who disagree with the decisions of the lower or high court. In three different categories of situations, an appeal may be taken to the Supreme Court:

• Constitutional interpretation-related cases.
• Civil cases, without regard to any constitutional issues.
• Criminal cases are heard regardless of any constitutional issues.

Appeal by special Leave

In some cases where a matter of justice is at stake, the Supreme Court may intervene in the decision of the High Court or other tribunals. According to Article 136, the Supreme Court is granted this residual authority.

Advisory Jurisdiction

The President may occasionally ask the Supreme Court for its opinion on a problem. The president may believe that the issue raises crucial legal issues or matters of public importance, in which case it would be appropriate to ask the Supreme Court for its view (Article 143).

Court of Record

The Supreme Court always records its proceedings, which take the shape of case law. All Indian courts are required to abide by such judgments.

Panchayati Raj

Supreme Court of India Composition

The Supreme Court of India has 34 judges, including the Chief Justice of India. When there are issues involving basic legal concerns that need to be decided, the judges sit in benches of two or three (referred to as a Division Bench) or in benches of five or more (referred to as a Constitutional Bench).

List of Prime Minister of India

Supreme Court of India Procedure

In order to control the practise and process of the Court, the President may be consulted by the Supreme Court of India. While other matters are determined by a bench of at least three judges, the Constitutional Cases are typically handled by a bench of five judges. The Supreme Court of India is located in Delhi, according to the Indian Constitution. The Chief Justice of India, however, has the authority to designate another location (or locations) as the Supreme Court’s location. This clause is simply optional and not required.

List of President of India

Supreme Court of India Judge Eligibility

According to Article 124, a citizen of India who is less than 65 years old may be nominated for appointment as a Supreme Court judge if:

1. He or she has served as a High Court judge for at least five years, or
2. He or she has at least ten years’ worth of experience as an advocate in one or more High Courts,
3. The President believes that he or she is a renowned jurist.

List of Vice Presidents of India

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